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DECISION No

DECISION No.274-TTg ON THE 5TH OF MAY 1995 OF THE PRIME MINISTER ON PHASE 2 OF SETTLING VIOLATIONS OF THE ORDINANCE ON DYKES IN HANOI

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government on the 30th of September 1992;

Pursuant to the Ordinance on Dykes on the 16th of November 1989 and Decree No.429-HDBT on the 15th of December 1990 of the Council of Ministers (now the Government) stipulating the implementation of the Ordinance on Dykes;

Considering the report of the Ministry of Water Resources and the expertise report of the State-level Council of Science and Technology founded by the Ministry of Science, Technology and Environment;

Considering the results of the sessions chaired by the Prime Minister on the 21st of April 1995 and the 26th of April 1995 with the participation of representatives of the Ministries, Commissions and branches concerned and the People's Committee of Hanoi;

On the basis of the results of phase 1, and in order to ensure the safety and lasting durability of the dyke portion protecting Hanoi, and to maintain strict national discipline,

DECIDES:

Article 1.- To carry out phase 2 of settling violations of the Ordinance on Dykes along the Yen Phu - Nhat Tan dyke portion in Ba Dinh precinct and Tu Liem district, Hanoi, according to the following basic contents:

1. On technical solution:

Considering the weakness of the dyke base and other unfavorable factors along the Yen Phu - Nhat Tan dyke portion; proceeding from the opinions of scientists in this field; in order to ensure safety for the dyke, to assign the Minister of Water Resources to work with the Ministry of Construction, the Ministry of Science, Technology and Environment, and the People's Committee of Hanoi, to carry out phase 2 of technical solution as follows:

a/ Decide and take responsibility for the measures of technical solution; direct, check and supervise the Municipal People's Committee to carry out those measures to increase the stability of the dyke, and to create favorable conditions for the management of the dyke protection area, concentrate early settling the situation in the vicinity of the dyke.

b/ Decide and announce concretely what should be done to the houses and projects within the dyke protection area according to 3 categories mentioned in Article 3, Decision No.158-TTg on the 16th of March 1995 of the Prime Minister. The construction of projects within the remaining open ground must be done in strict observance of the law on dykes.

c/ Phase 2 of technical solution must be completed before the 31st of August 1995.

2. Handling of violations according to law:

- The President of the People's Committee of Hanoi, pursuant to the Land Law, the Ordinance on dykes, Decree No.429-HDBT on the 15th of December 1990 of the Council of Ministers (now the Government), and the regulations on construction, shall work with the branches concerned to handle the violations and restore social order along the Yen Phu - Nhat Tan dyke portion.

In the process of handling the violations, discrimination must be made so that suitable policies and measures can be taken with regard to each owner of dwelling house or project within the dyke protection area. With regard to the violations of law, they should be disciplined, given administrative fines, or examined for penal liability depending on the seriousness and character of the violation.

- The Ministry of the Interior should conduct urgent investigation and closely cooperate with the Supreme People's Procuracy, the Supreme People's Court, and other agencies concerned of Hanoi to timely bring to Court those people who have seriously violated the law on dykes along the Yen Phu - Nhat Tan dyke section, in order to create favorable conditions for the carrying out of phase 2 and the implementation of other policies of the State and of Hanoi in the coming time.

Article 2.- Phase 2 must be carried out urgently, resolutely, publicly and equitably; education, publicity and explanation must be increased to help everybody and every organization to understand and observe law, check and supervise the observance of law in order to maintain political stability and security, social order and safety; at the same time, coercive measures must be taken with regard to those people who refuse to obey.

Article 3.- The Ministry of Finance and the State Planning Committee shall consider and promptly grant adequate funding according to the draft expenditure plan of the Ministry of Water Resources (in the part of ital registered in the 1995 plan).

The People's Committee of Hanoi shall work with the Ministry of Finance to allocate funds for the execution of phase 2.

Article 4.- Proceeding from the current stipulations and the experiences in handling violations of the Ordinance on Dykes along the Yen Phu - Nhat Tan dyke section (Hanoi), the Ministry of Water Resources shall have to:

- Work out a plan to safely protect Hanoi's dykes and give it wide publicity so that everybody can know and implement the plan and control its implementation. This plan shall be used as a model for the deployment of a plan to protect dykes in the whole country.

- Direct and cooperate with the People's Committee of Hanoi to continue handling violations of the Ordinance on Dykes along the entire network of dykes in the city.

- Direct those provinces which have dykes to consider and strictly handle any violations of the Ordinance on Dykes to ensure full safety for the dykes, particularly in the vital areas, and to promptly prevent and fight storms and floods in 1995.

- Review the implementation of the Ordinance on Dykes in the whole country and suggest measures to ensure lasting safety for the dykes.

Article 5.- The Minister of Water Resources and other Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the President of the People's Committee of Hanoi shall have to implement this Decision.

The People's Committees of the provinces and cities directly under the Central Government which have dykes shall base themselves on this Decision and direct the handling of violations of the Ordinance on Dykes in their localities.

This Decision takes effect from the date of its signing.

The Prime Minister

VO VAN KIET